Malema comments defended

2009-07-09 19:04

Johannesburg - Julius Malema made his controversial comments about women who say they are raped in the context of the judgment in President Jacob Zuma's rape trial, the Equality Court heard on Thursday.

Defending the ANC Youth League president against a hate speech, harassment and discrimination complaint, Malema's lawyer said that his opinion was formed by comments made by the judge who acquitted Zuma in 2006.

"He was commenting in the context of Zuma's rape case," said Malema's lawyer Tumi Mokwena.

He said the judge, in acquitting Zuma, had commented that the woman had not screamed, in spite of Zuma's bodyguard and his daughter being in close proximity and that she then went to the kitchen for food the next morning.

In response to a question at an address at the Cape Peninsula Technikon in January, Malema said: "Those who had a nice time will wait until the sun comes out, request breakfast and ask for taxi money. In the morning, that lady requested breakfast and taxi money."

The Sonke Gender Justice network laid the complaint with the Equality Court and is demanding a public apology at a press conference, a retraction, a promise that he won't do it again, and a damages award of R30,000 to a shelter for abused women.

Malema, who made a brief appearance and then left before the hearing started, concedes making the statement in the context of the Zuma trial, but denies the charge against him.

He was trying to say it was highly unlikely for a rape victim "to be there in the morning and eating out of the refrigerator of the perpetrator, to take taxi money," said Mokwena.

"The court also said it was highly unlikely," continued Mokwena.

This was rejected by the network's witness Mbuyisela Botha, who laid the complaint.

"It is not up to us to determine how a woman would behave in a particular environment," said Botha, in response to Mokwena' cross-questioning.

He said there were instances where women accepted the instructions of their rapists because they were scared and thought that if they do not comply they might be killed.

Earlier, the network' attorney took Botha through the statement and asked him why it was offensive.

Botha explained that the statement sends a message that women can only behave in a particular way if they have been raped.

"If they don't behave in a particular manner, it sends a certain message and for us, your honour, this is problematic."

"It stereotypes women and sends that message that they are fair game. It also does not address the economic inequalities between men and women, in its mention of taxi money."

He said it signalled that when women asked for money of someone who had made a sexual request, they had no reason to complain and that they were colluding.

He said it had affected their work on educating men on women's sexual rights and it was in fact a comment by a man in one of their workshops that women falsely claim rape that formed part of his decision to lay the charge against Malema.

He said that Malema had an enormous public following but an apology would "go a long way in changing the perception that women are fair game".

"It will show that he is sensitive to the high rate of rape in this country."

Mokwena also denied that Malema's comment was discriminatory.

Mokwena submitted that at the time of Zuma's rape trial, the law stated that rape was when a man had sex with a woman against her will.

This law had been changed to recognise male rape.

He said Malema could not have phrased his comments in any other way, given the law at that time and could not have included men in the comment.

Speaking on the sidelines of the case, Mokwena said that it was a civil matter so it was not necessary for Malema to be present.

- SAPA